P/14/0141/TO WARSASH MR STUART JORDAN AGENT: MR STUART JORDAN FELL ONE BLUE ATLAS CEDAR PROTECTED BY TPO 557 269 WARSASH ROAD LOCKS HEATH SOUTHAMPTON SO31 9NU Report By Paul Johnston - extn.4451 Site Description This application relates to a tree in the rear garden of a detached property situated on the west side of Jesmond Grove and north of Warsash Road. Description of Proposal Consent is sought to fell one blue atlas cedar protected by TPO 557. Policies The following policies apply to this application: Approved Fareham Borough Core Strategy CS4 - Green Infrastructure, Biodiversity and Geological Conservation Fareham Borough Local Plan Review DG4 - Site Characteristics Representations One representation has been received objecting to the works on the basis that the tree is still worthy of protection notwithstanding the ongoing maintenance it will require. Planning Considerations - Key Issues The application cedar tree is situated in the southwest corner of the rear garden of 2 Jesmond Grove approximately 10 metres to the west of the dwelling. There are two other properties adjacent to the cedar - the applicant's property 269 Warsash Road where the dwelling is approximately 8 metres to the south of the tree and 2 Locks Road approximately 6 metres to the west of the cedar. The development context comprises large detached dwellings within spacious plots surrounded by mature trees, which predate the development by a significant margin and are protected by a tree preservation order. The existing tree cover is very prominent in the landscape and makes a significant contribution to the verdant character of the area. The application tree is visible from several public vantage points: Jesmond Grove to the east, Warsash Road to the south and Locks Road to the west and makes a significant contribution to local public amenity. During the exceptionally stormy winter of 2013/14 the cedar shed numerous large branches during separate storm events. Some of these branches were significant in terms of their size and were up to 5 metres long and 200mm in diameter. Several of the branches landed on a shed and garage causing some minor damage to the structures, though no damage occurred to any dwellings or vehicles and no one was injured as a result. The applicant is concerned that the tree is inherently unsafe, unsuitable for its position and it's only a matter of time before some is injured by a falling branch. The atlas cedar is a large mature specimen approximately 25 metres in height and positioned close to the dwellings that were constructed around the tree during the early 1960s. The close proximity of the adjacent dwellings to such a large tree species is unusual and if current standards were applied the tree would be given significantly more space with dwellings positioned at a far greater distance from the tree itself. The frequency and intensity of severe gales this winter has been unprecedented and has led to significant damage to many trees and in some cases complete failure. The mechanism and type of branch failure on this cedar is not unexpected given the severity of the wind and the size of tree. There is nothing to suggest that the branch failures were in some way foreseeable as the tree is healthy and in good overall condition. Notwithstanding the damage to the tree in the last three months it remains in good condition, with a relatively well balanced crown and a normal form and appearance, which can be compared with photographs taken before this winter's storms. Therefore in terms of the cedar's health and condition the tree poses no undue level of risk and in officers opinion remains an important and prominent tree that makes a significant contribution to the public amenity and character of the area. Tree preservation orders seek to protect trees in the interest of public amenity, therefore it follows that the removal of a protected tree should only be sanctioned where its public amenity value is outweighed by other considerations. I acknowledge that the succession of severe storms during this winter have left many residents feeling anxious and worried about their safety, particularly in cases like this where large branches have failed. However, all trees pose some degree of risk, but in this case there is nothing to suggest that the subject tree poses any undue level of risk following the storms. There are no guarantees of absolute safety in the event of severe adverse weather conditions, since all assessments should be undertaken for normal conditions and not try to speculate about what might happen in the event of severe or abnormal weather events. To conclude, the reasons given for felling the cedar are not sufficient to justify its removal. Therefore in the absence of such justification the felling of this tree would be harmful to the visual amenities and the character of the area and contrary to Policy DG4 of the Fareham Borough Local Plan Review and CS4 of the adopted Fareham Borough Core Strategy. Recommendation REFUSE: Insufficient arboricultural evidence, harmful to visual amenities and character of the area.
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